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    19691969's Avatar
    19691969 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 14, 2007, 12:59 AM
    Patents & trademarks
    Can you take a concept from a exsisting patented product and apply
    That concept to improve another exsisting product without infringment
    And if you can what do you do next to protect your idea?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    Dec 14, 2007, 06:52 AM
    I once worked for a patent attorney who did searches for his clients before they could apply a patent to their invention, only after of course, nothing turned up that was remotely similar. I don't think you can take an existing concept and apply it to your own, that would mean, if your idea was patented the present owner could take royalties from it as he was the original owner of the patent.

    You protect your idea by applying for a patent, and I hope you have resources because it is very expensive.

    But, if you used an existing concept and (this is the hard part) turned it around and make it look entirely different from the original, you would have a chance. To have your invention searched you will have to have blueprints correctly done, plus a full description of function and design and probably a rough idea of cost to manufacture and what eventual market you would intend to launch into.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Dec 14, 2007, 07:21 AM
    Its my understanding that you can use an existing invention in your own invention and get a patent. As long as your invention enhances the original. You would have to pay royalities or a licensing fee to the holder of the other patent though.

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